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August 19, 2021 NATIONAL ASSEMBLY DEBATES 1 PARLIAMENT OF KENYA THE NATIONAL ASSEMBLY THE HANSARD Thursday, 19th August 2021 The House met at 2.30 p.m. [The Speaker (Hon. Justin Muturi) in the Chair] PRAYERS PETITIONS Hon. Speaker: Hon. Members, I have two petitions brought under Standing Order No. 225(2)(b) and they have been assessed pursuant to the provisions of Article 119 of the Constitution. ZERO RATING OF FARM EQUIPMENT AND MACHINERY Therefore, in this regard, I wish to report to the House that my office received a petition signed by Mr. Taratisio Ireri Kawe of ID No. 8600483. The Petitioner is concerned that the country’s food production is heavily reliant on rainfall patterns which have become quite unreliable in the recent past. Given the circumstances, the Petitioner observes that food security is not sustainable unless immediate action is taken to protect the environment and conserve water. The Petitioner is appalled that most citizens have drifted into abject poverty due to lack of an enabling environment that ensures sustainable agricultural production at reduced and competitive importation of farm produce from neighbouring countries. Hon. Members, the Petitioner notes that majority of poor Kenyans cannot afford to purchase equipment for the construction of pans and for harvesting rain water to ensure sustainable irrigation systems and to reduce reliance on the seasonal rains. He, therefore, proposes complete zero rating of taxes on water tanks, farming equipment and tools. The Petitioner is cognisant of the fact that although it may seem that the Government may lose revenue due to the gap created by the failure to tax the equipment and machinery, the Government is bound to benefit from more taxes collected through agribusiness. The Petitioner, therefore, prays that the National Assembly amends all relevant laws and reviews relevant regulations with a view to encouraging majority of Kenyans to harvest rains water. Having determined that the matters raised by the Petitioner are well within the authority of this House, I order that pursuant to the provisions of Standing Order No. 227(1), this Petition be committed to the Departmental Committee on Finance and National Planning. The Committee is required to consider the Petition and report its findings to the House and the Petitioner in accordance with Standing Order No. 227(2). I thank you. Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. August 19, 2021 NATIONAL ASSEMBLY DEBATES 2 PAYMENT OF PENDING BILLS OWED TO SUPPLIERS OF NYS Hon. Members, there is yet another Petition being No. 38/2021 on payment of pending bills owed to suppliers of the National Youth Service (NYS) for the period 2013 to 2018. I wish to report to the House that my office has received a petition from persons identifying themselves as suppliers and contractors who were engaged by the NYS to supply goods and offer various services during the period 2013-2018. The Petitioners contend that during the period in question, the NYS initiated various projects and programmes including the rebranding of the agency, slum upgrading projects as well as youth and women empowerment programmes across the country. They further submit that in line with the terms of engagement, they delivered on their contractual obligations to the satisfaction of the agency and were thereafter entitled to payment for the goods and/or services rendered. However, due to financial irregularities that were discovered within the NYS around the year 2015, all payments were suspended and a Multi-Agency Verification Committee was later established by the Cabinet Secretary for Public Service and Gender and the National Treasury to verify all pending bills and claims against the NYS. Hon. Members, the petitioners state that the Multi-Agency Verification Committee tendered its report and recommended the payment of the genuine and verified suppliers and contractors. However, the petitioners observed that this has not happened despite a presidential directive for all public entities to clear all verified pending bills owed to suppliers and contractors. Consequently, the petitioners now seek the intervention of this House to cause the concerned parties to process the verified payments to the suppliers to avert further suffering as some are servicing loans and other credit facilities. Hon. Members, the petitioners have indicated that efforts to have the matter addressed by the relevant bodies have been unsuccessful. It is for this reason that they now seek the assistance of the National Assembly as a matter well within its authority. Hon. Members, pursuant to the provisions of Standing Order 227(1), this Petition stands committed to the Departmental Committee on Finance and National Planning. The Committee is requested to consider the petition and report its findings, and whatever recommendation it makes, to the House. In considering the issues herein and whatever recommendations it makes, may I implore the Committee to address the fact that it is possible there were genuine suppliers even before the scandals and who have not been paid to date. I thank you! On the same order, Hon. Sara Korere Paulata. RESTORATION OF KIRIMUN COMMUNITY LAND Hon. (Ms.) Sara Korere (Laikipia North, JP): Thank you, Hon. Speaker. I, the UNDERSIGNED on behalf of residents of Kirimun Community in Samburu and Laikipia Counties, DRAW the attention of the House to the following: THAT, the Kirimun Community land spans a total of 55,000 acres along the Ewaso Nyiro River and has been a core part of the Samburu Community which has used it as its grazing land since time immemorial; THAT, in 1923, the ownership of the land was forcefully taken away from the Samburu Community by the British Colonial Government and handed to a white settler known as Major Y, Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. August 19, 2021 NATIONAL ASSEMBLY DEBATES 3 who later transferred its ownership to a white settler company known as Almo Company which brought numerous white settlers into the land; THAT, after Independence, the post-colonial Government of Kenya took control of the land, registered it as L.R. No. 8036 and placed it under the now defunct Livestock Marketing Division for rearing of steers and other breeds of cattle after which they were ferried by train through Nakuru to the Kenya Meat Commission at Athi River on the outskirts of Nairobi; THAT, majority of the displaced members of the Samburu Community were compelled to live in Parkare Arpa area of Kirimun Sublocation of Sosian Ward in Laikipia North Constituency and settled along the Ewaso Nyiro River by the white settlers in a bid to prevent them from accessing the occupied lands, while other communities settled around Kirimun water springs; THAT, some members of Kirimun community were engaged by the Livestock Marketing Division as casual labourers and herders and condemned to live as squatters in a land that historically belonged to them, and which is currently being used by the National Youth Service for low-scale livestock farming; THAT, despite the injustice meted out on them, the Kirimun Community has grown exponentially to over 3,000 residents whose children are served by three schools, and this growth has led to scarcity of land, water and other key livelihood resources for members of the community; THAT, the Government of Kenya recently issued a notice ordering the bonafide residents to vacate their ancestral land, thereby creating unwarranted tension in the area which poses the risk of disrupting learning and is a sure recipe for chaos and conflict; THAT, efforts to address this gross injustice by both the British Colonial Government and post-colonial Government of Kenya authorities have not yielded any fruit; AND THAT, the issues in respect of which this petition is made are not pending before any court of law, or other constitutional or legal body. THEREFORE, your humble petitioners pray that the National Assembly through the Departmental Committee of Lands; (i) intervenes to facilitate restoration of at least 75% of the irregularly occupied land back to members of the Kirimun Community; (ii) recommends the urgent suspension of the vacation notice pending stakeholder consultations, and (iii) makes any further order(s) deemed fit in the circumstances of the petition. And your PETITIONERS will ever pray. Thank you, Hon. Speaker. Hon. Speaker: Comments on the three petitions. Member for Mwea. Hon. Josphat Kabinga (Mwea, JP): Thank you, Hon. Speaker. I would like to comment on the first and the second petitions. On the first one, it is true that this country cannot rely on rainfall for its food production any longer. We would encourage the Government to continue with the programme that it is currently undertaking on doing water pans to harvest water and to complete the irrigation schemes that are on-going. There is Thiba Dam in Mwea and I really want to thank the Government for it is 65 per cent done. We hope by December it will be complete. I encourage that they do many more so that this country can be food secure in future. On the second petition that has been directed to the Departmental Committee on Finance and Planning, NYS falls under our oversight, that is, the Committee on Labour and Social Welfare. I would like to urge the Committee on Finance and Planning to consult us. It is because we have much more information on the same. We need to give our input as they make their final report. Thank you, Hon. Speaker. Disclaimer: The electronic version of the Official Hansard Report is for information purposes only.